Legal expert reveals why centuries-old law is crucial for Trump admin in immigration fight

As the foreign enemies’ law continues to be a pivotal point in the immigration debate in the first days of president Donald Trump’s second term, Republican lawyer Mihk Cook Fox News Digitter told the reason for the White House’s use of Law 1798.
Some federal judges have not agreed to the Trump administration’s decision to use the law to send MS-13 and Tren de Aragua Mants outside the United States, including El Salvador Prison in CECOT. Trump appointed these two groups as foreign terrorist organizations shortly after he took office.
“Under this act, we are allowed to detain, arrest and deport foreign enemies,” Cook said.
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American boycott judge James Pasperg, left, and President Donald Trump. (Getty Images)
She later added: “This allowed immediately under the law of foreign enemies of President Trump and his administration to accelerate the deportation of individuals from Venezuela and gang members.”
Earlier last week, the American boycott judge James Bouasberg asked the Ministry of Justice about Trump’s public comments and other cabinet officials about deportation procedures under the law of foreign enemies and put forward the idea of transferring some immigrants to Guantenamo Bay.
During the hearing, Bouasberg specifically pressured the lawyers of the Ministry of Justice about the statements made by Trump and the Minister of Internal Security Christie Naim about Cecot, imprisoning the maximum security in El Salvador, as the United States deported hundreds of immigrants, and the White House’s ability to secure the release of a person.
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While the prisoners were looking for a cell, the Minister of Internal Security Christie sleeps during a tour of the terrorist detention center in Ticoloca, El Salvador, on Wednesday, March 26, 2025. (AP Photo/Alex Brandon)
Cook noticed that the debate on the due legal procedures relates to the perspective of those who obtain these rights in the United States
She said: “I think today, when we are talking about due legal procedures, people must understand that there are American citizens who deserve due legal procedures under our constitution.”
“There are illegal foreigners in our country that gave us a scale of due legal procedures. Then there are terrorists who deserve a very few process, because we hurry
The federal judge says that the deportation trips to Libya violate the court without prior notice.

The United States immigration and customs agents arrest as part of the vast immigration campaign of President Donald Trump in Chicago on January 26, 2025 in a fixed form of the video. (Extending immigration and customs/newsletter via Reuters)
The Republican lawyer said that from her point of view, many federal judges ask the president’s ability to determine what is considered a foreign enemy.
“What is happening today is the courts through judicial activity in reality, what they say is that the president cannot appoint a person as a foreign enemy. They cannot appoint Tren de Aragua as a foreign enemy. And most importantly, the courts pay and say that these individuals who are illegal terrorists in our country deserve due legal procedures.”
Breanne Deppisch and Jake Gibson in Fox News contributed to this report.
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2025-05-12 13:09:00